From Barry:
Efren's arraignment is set for this Friday, Aug 30th. I'm sure it is no accident that this is the day before the Labor Day weekend, a great time to bury bad news. No doubt that this was the work of Efren's lawyer, but was agreed to by the prosecutor, Cody Hunt, a Napa County deputy district attorney handling the case. The fishiness begins...
As I wrote earlier today in the Efren Returns! Now what about recall? thread, "My hope is that [Efren] will plead guilty to the misdemeanor of prowlingand that the felony burglary charges be dropped (he didn't "enter") so that he, the victim and the county can move forward."
Check out those legal definition links. They are surprisingly comprehensible!
I stand by my quote above. Sebastacat replied, copied below, raising doubt about whether he "Entered".
I'm completely fine if a plea bargain is reached for admitting guilt of a the misdemeanor of prowling, which it seems clear he was guilty of, and not being charged for burglary.
Regarding punishment, I'm fine with a relatively light sentence, as he has already be been punished quite enough. I'd like to see some required community service, perhaps speaking out about the dangers of alcohol, to both kids and the general public.
What do you think should happen at the arraignment?
Did he commit burglary (based on the news reports; ie did he "Enter")?
What should the punishment be?
Here's Sebastacat's reply to me earlier post:
From Sebastacat:
I wish to clear up something in a previous post made in response to mine.
From the Web site of the Law Offices of Hinkle, Jachimowicz, Pointer & Emanuel comes the following
information with respect to the definition of the crime of "Burglary":
"However a burglar breaks into a structure, they must also enter the structure in order to satisfy this element. The entry can be minimal; the burglar doesn't have to actually walk into a building in order to commit a burglary. Sticking a hand through a window counts as an entry sufficient to support a charge of burglary.
"It is also important to note that the entry has to occur without the consent of the person occupying the property."
I hope that this clears up the definition of the crime of "burglary."